Session scheduled for Friday after multiple letters from SC judges, bar associations and senior lawyers
Pakistan’s Chief Justice Yahya Afridi convened a plenary session of the court on Friday to deliberate on the 27th Constitutional Amendment, after it was passed in the Senate today by a two-thirds majority of 64 votes.
The session is scheduled for tomorrow, before Friday prayers, sources said. The express PAkGazette. The decision comes after multiple letters from Supreme Court justices, bar associations and senior lawyers requesting deliberation on the amendment.
The main constitutional change proposes subordinating the Supreme Court to the newly created Federal Constitutional Court (FCC), and that the decisions of the FCC have a binding effect on the Supreme Court. The FCC will hear all constitutional cases, ending the Supreme Court’s suo motu powers.
The Senate approved the 27th Constitutional Amendment bill after a second round of voting on Thursday, following its approval in the National Assembly on Wednesday. Following the approval of the Senate, the bill was signed today by President Asif Ali Zardari. The Ministry of Parliamentary Affairs forwarded the bill and obtained the approval of the President. The Ministry of Justice will now publish a notification in the official gazette as the 27th Amendment has officially become law.
Read: After ex-CJP Khawaja, lawyers Asad Rahim and Zeeshaan Hashmi challenged SC changes to 27th amendment
The new amendment has sparked widespread concern among the judiciary and the legal community, with critics arguing that it undermines the independence of the Supreme Court. The controversy has generated letters from sitting judges, petitions from senior lawyers and coordinated protests from bar associations, highlighting deep apprehension about the possible shift in the balance of power between the judiciary and the executive.
Justice Syed Mansoor had urged Chief Justice Yahya Afridi to engage the executive regarding the proposed amendment. Similarly, Justice Athar Minallah suggested calling for a judicial convention. Retired judges and senior lawyers had also asked the Chief Justice to take the same action.
Former Chief Justice of Pakistan Jawwad S. Khawaja challenged the amendment in the Supreme Court, warning that it would weaken the state, upset the balance of power and violate the doctrine of separation of powers.
Read more: Ex-CJP Jawwad S Khawaja challenges 27th Amendment in South Carolina
A group of lawyers, including Asad Rahim Khan and Zeeshaan Hashmi, also filed a petition in the top court against curtailment of its jurisdiction. Through their lawyer, Umer Gilani ASC, the petitioners argued that the amendment represents the most serious usurpation of judicial independence “since the advent of the Government of India Act, 1935”.
Letters from other top attorneys and retired judges highlight growing concern within the legal community about the 27th Amendment. They highlight that the proposed changes could seriously undermine judicial independence, weaken the authority of the Supreme Court and centralize power in the executive and the military, prompting calls for urgent deliberation by a full court.
